General conditions of sale
PREAMBLE
The Seller is a distributor of food and non-food products, excluding alcohol, in delivery or in consignment sales to consumers, marketed via the website “ www.sanzalc.com ". The list and description of the goods offered by the Company can be consulted on the aforementioned site.
These General Conditions of Sale are concluded between THE SOBER DANDY (in the commercial name: SANZALC) SAS with capital of €133,100.00 registered with the RCS of Lille Métropole under number 921 504 254, having its headquarters at 13b rue François Herbo 59310 Orchies, France (hereinafter “the Seller”), and on the other hand any person who has made a purchase on the site www.sanzalc.com, hereinafter referred to as “the Client”. Any purchase on the website www.sanzalc.com (hereinafter the “Site”) automatically implies acceptance of all of these conditions.
ARTICLE 1: DEFINITIONS
Customer : designates any user who purchases a Product via the Site Sanzalc and/or who has a personal account on the Site.
Order : designates the process consisting of the Customer selecting the Products he wishes to purchase and have delivered. An Order is finalized when the Customer has selected the Products he wishes to have delivered as well as the delivery options and when he has paid the amount to be paid. Once finalized, the Order is taken care of by the Seller who will ship the Products ordered according to the terms of these General Terms and Conditions.
- Contract : designates these General Terms and Conditions and any special conditions applicable to certain promotional operations. Therefore, the Customer waives the right to rely on any contradictory document which would oppose the Contract, and which would therefore be unenforceable against the Seller.
- Personal data : designates all personal information relating to the Customer as an individual provided by him during the Order.
- Parts : jointly refers to the Seller and the Users of the Site.
- Products : designates the products available for sale on the Site.
- User : designates any natural or legal person accessing the Site whether they are a Customer or not.
ARTICLE 2: PURPOSE OF THE GENERAL CONDITIONS OF SALE (CGV) AND VERSION IN FORCE
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
2.1. The purpose of these General Terms and Conditions is to define the conditions under which Users can access the Site, place Orders and manage relations between the Seller and Users, including all rights and obligations arising therefrom.
2.2. They apply in relations between Users among themselves and between Users and the Seller. All Users undertake to respect, without restriction or reservation, these General Terms and Conditions, whether they visit the Site or place an Order. The General Terms and Conditions are notified to Users for acceptance prior to any Order on the Site.
2.3. The Seller is free to modify, at any time and without notice, these General Terms and Conditions, in particular to take into account any legal, jurisprudential and/or technical developments. The seller will inform the User by any means, who must accept the new General Terms and Conditions. In any case, the fact of the User continuing to use the Site after being informed of the modification of the General Terms and Conditions entails acceptance of the modifications to the latter by the User. Successive versions of the General Terms and Conditions will be accessible from the Site.
2.4. The version of the General Terms and Conditions which prevails is the latest version available on the Site.
2.5. The version applicable to an Order is that in force on the date the order is placed. Each new Order requires acceptance of the General Terms and Conditions by the Customer, which the latter acknowledges and accepts. If Users do not accept the General Terms and Conditions or their subsequent modifications, they must renounce any use of the Site.
2.6. The User declares to have obtained from the Seller, prior to their Order, all the information on the Products and the delivery terms. He declares that he is solely responsible for the choice of Products as well as their suitability to his needs.
2.7. The User must be a duly represented legal entity or an adult natural person with the legal capacity to place an Order on the Site. Failing this, he must have authorization from his legal representative to place an Order, which he expressly acknowledges and accepts.
ARTICLE 3: PRICE
The prices of products sold through the websites are indicated in Euros and precisely determined on the product description and order pages. They are indicated in euros all taxes included (VAT + other possible taxes) and excluding specific shipping costs. For all products shipped outside France and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to find out about these aspects from the corresponding local authorities.
The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for access to the Company's websites are the responsibility of the Customer. If applicable also, delivery costs.
ARTICLE 4: PRESENTATION OF ARTICLES
The User is informed that photographs of the Products appear on the Site, which he or she will be able to consult freely.
The Seller guarantees that these photographs were taken under standard conditions for the sector in question, with the Products themselves.
The Seller makes its best efforts to ensure that the photographs of the Products conform as closely as possible to the Products actually delivered to the Customer (color of the Products in particular). However, the Seller cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site.
Furthermore, the Seller strives to present and describe its Products as precisely as possible. However, subject to providing a faithful presentation of the essential qualities of its Products, the Seller cannot guarantee exhaustive communication of all the characteristics of each Product. The User who wishes to receive additional information about a Product is invited to contact Customer Service at the following address: contact@Sanzalc.com
The User declares to be fully aware of the provisions of this article, and already expressly agrees not to engage the Seller's liability in this respect, subject to the application of mandatory legal provisions (guarantee of conformity in particular).
ARTICLE 5: ORDER ONSANZALC
The User can browse the Site without obligation to purchase. In order to place their Order, the Customer selects the Products of their choice on the Site and adds them to their virtual basket.
Creating a personal account on the Site is not necessary to place an Order. However, certain personal data of the Customer are required for the proper execution of the Order by the Seller.
If the Customer wishes, he has the possibility of creating a personal account allowing him, in particular, to follow the history of his Orders on the Site and to find the corresponding confirmations and invoices. Certain personal data of the Customer are required to create a personal account.
The Customer is required to provide complete, up-to-date and fair information, the Seller cannot be held liable in this regard. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order he has placed, which he expressly acknowledges.
The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.
Once the Order is finalized, support is confirmed by the Seller by sending an email to the Customer at the address indicated during the Order. The Order is validated once payment has been made in full and received by the Seller. The Seller will send the Customer an invoice by email to the address provided during the Order. The Customer is advised to save or print his invoice and keep it. The Seller undertakes to honor validated Orders, within the limits of available stocks.
In the event of unavailability of one or more Products after placing the Order, the Customer will be notified by email. The Customer will have the choice of being reimbursed the amount corresponding to the unavailable Products, or of being delivered when the Products concerned are back in stock (unless permanently withdrawn from the catalog).
In any event, the Seller cannot be held responsible for any damage suffered by the Customer, nor liable for any damages. The Seller may modify the assortment of products offered for sale on the Site at any time, without prejudice to Orders placed by the Customer.
ARTICLE 5.1 – MINIMUM ORDER
In an approach to logistics optimization and reduction of the carbon footprint linked to transport and packaging, Sanzalc applies a minimum order threshold.
Any order placed on the site must reach a minimum amount of 19.00 € (nineteen euros) incl. tax, excluding delivery costs. The ordering process and payment will only be accessible once this amount has been reached. The Customer is invited to complete their basket to respect this eco-responsible commitment before proceeding to the final validation of their purchases.
ARTICLE 6: DELIVERY CONDITIONS
Delivery costs will be specified on the Site, all taxes included, during the Order process and must be accepted by the Customer at the time of validation of the Order.
They will appear on a specific line distinct from that specifying the price of the Products.
It is expressly specified that the amount of delivery costs may vary depending on the territory of delivery of the Products, which the Customer expressly acknowledges and accepts.
Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.
Pursuant to Article L. 216-1 of the Consumer Code, the Parties agree that the Products will be delivered within the deadlines specified during the Product Order process and before validation of said Order. Delivery times are also reminded in the Order confirmation email sent to the Customer.
Delivery times include the preparation and shipping of the Order, as well as the delivery time of the Products to the point of delivery (Customer's postal address or relay point).
In the absence of an indication on the Site of a delivery time for the Products, the Seller undertakes to deliver them within a maximum period of 30 (thirty) days from the Order validation email sent to the Customer by the Seller. In this case, the Products concerned are delivered within the time limit indicated on the Site and recalled at the time of the Order.
However, the Seller uses external service providers (carriers, Postal services, etc.) for the delivery of the Products, the Seller is entirely dependent on these third-party service providers. Delivery times indicated on the Site may thus be impacted by service providers without the Seller being responsible for these delivery delays and the consequences that could result from them.
When delivery is made against signature, this constitutes proof of receipt of the package. The transfer of risks and liability relating to the Products occurs upon receipt of the Products by the Customer. From this date, the Customer will be solely responsible for them, as well as for their use and any consequences that may result therefrom. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. Otherwise, the Customer undertakes to refuse to receive the Order and to affix his signature to any supporting document. Any Order received against signature by the Customer will be considered to be compliant, complete and in perfect condition at the time of delivery.
ARTICLE 7: PAYMENT CONDITIONS
The Customer pays on the website www.sanzalc.com by bank card from the Visa, Mastercard, Maestro and American Express networks via the secure payment platform by Paypal.
Payment via Paypal : The payment terms are specific to the platform of the payment provider Paypal, and are independent of the Seller, who is not involved in any way in the use of said service. All conditions and terms related to payment via the Paypal payment solution are governed by the General Conditions of Use of this service, accessible at the address https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full, which apply concurrently with these General Terms and Conditions. The Seller does not keep any bank details of the Customer, subject to the provisions below. The Seller cannot be held responsible for any malfunction occurring on the Paypal payment platform.
By accepting these terms, the Customer also agrees to be bound by the Paypal General Conditions of Use, accessible at the above-mentioned address. These may be subject to modification by Paypal only. Under no circumstances can the Seller modify the General Conditions of Use of Paypal, a service provider over which it has no control.
ARTICLE 8: WITHDRAWAL
In application of articles L.221-5 et seq. of the Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any damaged, incomplete, damaged product or whose packaging is damaged will not be taken back), to request a refund without penalty.
The Customer must therefore place the intact packaging containing the product in suitable packaging on which the return label will be affixed, before sending it by post. The Customer must also attach a copy of the invoice or any other element allowing identification of the Order in question, and its holder.
The return of the Product is carried out at the Customer's own risk. If the package is lost, stolen or damaged during the product return, the Seller reserves the right to refuse reimbursement for the returned product(s).
Only the Customer identified as such to the Seller can exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery. The return address is: THE SOBER DANDY, 13b rue François Herbo 59310 Orchies, France.
ARTICLE 9: PERSONAL DATA
9.1. Personal data is collected by the Seller when an Order is placed or when a personal account is created by the Customer. The creation of a personal account is not mandatory to place an Order on the Site, the Customer having the possibility of placing an Order as a “guest”. Additionally, personal data is collected through cookies. This type of collection is envisaged in article 9.2 below.
When placing an Order, certain personal data must be provided by the Customer and collected by the Seller. These include the Customer’s last name, first name, email address, postal address and telephone number. The same personal data is required when creating a personal account.
Furthermore, the Customer can create a personal account using the Google Connect or Facebook Connect interface. In this case, the Customer authorizes the Seller to collect the personal data contained in the public profile and the email address associated with the Customer's Facebook account. By creating an account via the Facebook Connect or Google Connect interface, the Customer expressly accepts the general conditions of use of Facebook, in addition to these, accessible at the following address: https://www.facebook.com/terms and Google's general conditions of use, in addition to these, accessible at the following address https://policies.google.com/terms?hl=fr.
These personal data are subject to automated processing for the purposes of managing the Order and the Seller's customer base, as well as commercial prospecting, and for statistical purposes.
They may be transmitted to the Seller's commercial partners who contribute to the delivery of the Products and the making of payments, solely for this purpose, which is expressly acknowledged and accepted by the Customer.
In addition, as part of the online payment services used by the Seller, these services collect certain personal data belonging to Customers on behalf of the Seller.
Said data is kept for the duration necessary for the purposes for which it is collected and processed, namely for the completion of the Order placed by the Customer, unless:
- a longer retention period is authorized or imposed by a legal or regulatory provision;
- the Customer has exercised, under the conditions provided below, one of the rights recognized by the legislation.
In addition, when the Customer has created a personal account, the personal data communicated for this purpose are kept until the account is deleted, which can be requested from the Seller under the conditions described below.
You can opt out of targeted advertising here:
FACEBOOK – https://www.facebook.com/settings/?tab=ads
GOOGLE – https://www.google.com/settings/ads/anonymous
BING – https://about.ads.microsoft.com/fr-fr/ressources/policies/personalized-announcements
Additionally, you may opt out of some of these services by visiting the Digital Advertising Alliance opt-out portal at: https://optout.aboutads.info/?c=3&lang=en.
Subject to the Customer's express acceptance via check boxes, the Customer's email address may also be used by the Seller for the purposes of registering and sending a newsletter and/or transmitting promotional offers.
In the event that the Customer no longer wishes to receive newsletters and/or promotional offers, he or she has the possibility of modifying his or her choice by contacting the Seller under the conditions mentioned below or by using the unsubscribe links provided in the messages.
Access to personal data is strictly limited to employees of the Seller, authorized to process them due to their functions. The information collected may possibly be communicated to third parties linked to the Seller by contract for the execution of subcontracted tasks necessary for the management of the Order, without authorization from the Customer being necessary. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in compliance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases stated above, the Seller undertakes not to sell, rent, transfer or give access to third parties to the data without prior consent of the Customer, unless forced to do so due to a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defense, etc.).
In accordance with the applicable legal and regulatory provisions, in particular law no. 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European regulation no. 2016/679/EU of April 27, 2016, the User benefits from a right of access, rectification, portability and erasure of their data or even limitation of processing. He may also, for legitimate reasons, object to the processing of data concerning him.
He may thus demand that personal data concerning him which are inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. The User's personal data is also deleted when the User expressly withdraws their consent to the collection and processing of their personal data, subject to the Seller's legal obligations. The User may also, under the right to the portability of his personal data, recover those concerning him for his personal use, or request that they be transferred to a third party, if this is technically feasible. Each User may also object, for legitimate reasons, to the processing of data concerning them, and request the limitation of the processing of the data.
To exercise these rights, the User must send a request to the following postal address THE SOBER DANDY, 13b rue François Herbo 59310 Orchies, France, or by email at contact@Sanzalc.com indicating their first and last name. The Seller may ask the User to prove their identity, by attaching any necessary document to their request, in particular a copy of their identity card or passport.
The Seller will use the means at its disposal to process requests relating to Users' personal data.
In the event of a security breach on the Site or loss of personal data relating to Users, the Seller will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.
Users also have a right to complain, which they can exercise with the national supervisory authority, namely the CNIL.
To obtain more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.
9.2. The Seller may set up cookies on the Site. This is an automatic tracking process which records information relating to navigation on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site.
Cookies installed by the Seller are deleted from the Customer's computer terminal after a period of 13 months.
The User can object to their installation and/or delete them by following the procedure indicated on their browser.
As such, the Seller obtains the express consent of Users regarding the use of these cookies and uses them in accordance with legal provisions, including in particular the General Regulations on the Protection of Personal Data.
The Seller uses these cookies only to establish connection statistics as well as Users' browsing histories.
ARTICLE 10: PURCHASE VOUCHERS/ASSETS ON SANZALC
The vouchers sent by the Seller can be used for 1 year on all Products offered on the Site. Vouchers cannot be combined with each other or with promotional codes.
ARTICLE 11: PROMOTIONAL CODES ON SANZALC
Promotional codes only apply to non-discounted base prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Customer account unless otherwise instructed by the Seller. These codes are not refundable upon exchange.
ARTICLE 12: INTELLECTUAL PROPERTY
The Brands “THE SOBER DANDY” and « SANZALC »have been the subject of a trademark registration with the INPI respectively under No. 4898433 and 4898423 on 09/16/2022.
Without this list being exhaustive, the brand “ SANZALC » as well as its derivatives and variations, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site, are the exclusive property of the Seller. The systems, software, structures, infrastructures, databases and content of any nature (texts, images, visuals, music, logos, brands, database, etc.) relating to the Site are also protected by all intellectual property rights or rights of database producers in force, of which the Seller is the sole owner or rights holder. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of the Seller are strictly prohibited and may be subject to legal proceedings.
Any reproduction or representation, total or partial, of the Site or the elements composing it, such as brands, logos, graphic charter, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited.
Browsing the Site does not entail any transfer of intellectual property rights for the benefit of the User. The Seller grants the User a right of access and consultation of the Site only, under the conditions and terms provided for in these General Terms and Conditions.
ARTICLE 13: LIMITATION OF LIABILITY
13.1 The Seller declines all liability for damage of any nature whatsoever, resulting in particular from the use of the Site or the Order of Products, in particular damage to the reputation and image of the Customer, or loss of data which could occur due to use of the Site. In the event that the Seller's liability were to be established and retained due to damage suffered by the Customer and exclusively to the Seller, this is limited to the amount of the Order paid by the Customer to the Seller.
13.2. The User acknowledges that his use of the Site is at his own risk. The Site is provided “as is” and is accessible without any guarantee of availability and regularity. The Seller will use its best efforts to make the Site accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the Seller's control and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the network or malicious acts or any damage to the Seller's hardware or software.
13.3. The Seller cannot under any circumstances be held responsible due to an interruption of all or part of the Site whatever the cause, duration or frequency of this interruption.
13.4. The Site has the technology necessary to date for its access and use, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which could produce alterations in the User's computer systems cannot be excluded. The Seller offers no guarantee, either explicit or implicit, regarding the operation of the Site, in particular any technical problem that may arise. The Seller reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, as well as the right to eliminate them, limit, suspend or prohibit access, temporarily or permanently.
13.5. The Seller's liability for the obligations of these General Terms and Conditions cannot be incurred in the event that the non-performance of its obligations is attributable to the act of a third party even if it is foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts and article 1218 of the Civil Code, or to any other event which was not reasonably under the exclusive control of the Seller. It is agreed that in the event that the Seller's liability is called into question, whatever the basis and/or nature of the action, only direct and foreseeable damage is likely to give rise to compensation. Thus, any indirect, consequential and/or incidental damages, such as for example commercial disruption, loss of customers, etc., will not entitle the User to compensation. In any event, the Seller's liability, in the event of damage caused to the Customer, for whatever reason, will be expressly limited and may in no case exceed the total amount excluding taxes of the Customer's Order placed hereunder.
13.6. The Customer undertakes to use the Products in strict compliance with the instructions for use provided by the Seller. Therefore, the Seller cannot be held responsible in the event of non-compliant use of the Products by the Customer or a third party.
ARTICLE 14: LEGAL GUARANTEE
In accordance with the provisions of the Consumer Code, the Products marketed on the Site SANZALC benefit from legal guarantees, that is to say the guarantee of conformity (articles L.217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge.
14.1. Guarantee against hidden defects.
In accordance with articles 1641 et seq. of the Civil Code, the Seller is bound by the guarantee for hidden defects in the Products sold making them unsuitable or significantly affecting the use for which they are intended. The Customer may bring an action on the basis of a hidden defect within two years from the discovery of the defect. As part of the legal guarantee against hidden defects, the Seller, according to the Customer's choice, undertakes, after assessing the defect, either:
- to refund the entire price of the Product concerned;
- to reimburse part of the price of the Product if the Customer decides to keep it.
14.2. Legal guarantee of conformity.
In accordance with articles L.217-4 et seq. of the Consumer Code, the Seller is required to deliver Products conforming to each Customer's Order, namely:
- Products corresponding to the description given by the Seller;
- Products presenting the qualities that the Customer can legitimately expect in view of the Seller's declarations.
The Customer may bring an action on the basis of a lack of conformity within two years from delivery of the Products, it being understood that any lack of conformity appearing within two years from delivery is deemed to have existed upon delivery. As part of the legal guarantee of conformity, the Seller, according to the Customer's choice, undertakes, after assessing the defect, either:
- to reimburse him for the price of the Product concerned;
- to exchange the Product for a Product conforming to their Order, if this is possible.
ARTICLE 15: COMPLAINT – INFORMATION
Any complaint or request for information relating to these General Terms and Conditions must be sent to Customer Service by email to the following address: contact@Sanzalc.com.
ARTICLE 16: MISCELLANEOUS PROVISIONS
16.1. Partial invalidity
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
16.2. Non-waiver
The fact that one of the Parties does not rely on the other Party for a breach of any of the obligations referred to in the General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question.
16.3. Mediation
In the event of a dispute relating to an Order, the Customer must contact the Seller as a priority, in order to find an amicable solution, by email to the address contact@Sanzalc.com. Referral to the mediator can only take place after the Customer has taken prior written steps with the Seller. In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
16.4. Applicable law and attribution of jurisdiction
These General Terms and Conditions are governed by French law, unless otherwise mandatory. In the absence of an amicable outcome and whatever the origin of the conflict, disputes relating to the execution or interpretation of these General Terms and Conditions will be submitted to the competent courts of Paris, unless otherwise mandatory. For all practical purposes, it is specified that the deadlines for legal action are not interrupted during the period during which an amicable solution is sought or mediation is requested.
ARTICLE 17: CONSUMER INFORMATION
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code : The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have only given a lower price, if he had known about them.
Article 1648 of the Civil Code : The action resulting from redhibitory defects must be brought by the purchaser within one (1) year from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code : The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code : The good conforms to the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his representative, particularly in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code : The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
“Our general conditions of sale have been developed from a free and open model which can be downloaded from the site – https://www.donneespersonnelles.fr/”